Kuwait Court of Cassation principle number 1029

Courts adjudicate actions brought before them by the Public Prosecution or the investigator. This necessarily means that an action not brought before them may not be heard except in the exceptional cases provided for in Article 129 of the Code of Criminal Procedure and Trials. Its effect. - Amending the charge by attributing acts other than those for which the action was brought. Not permissible except in certain cases provided for in Article 134 of the Code of Criminal Procedure and Trials. Its effect. - The first-instance judgment stating in its preamble that the charges against the respondent were the two charges of possession and physical possession of narcotic substances with intent to traffic—in respect of which the action had not been brought—and consumption, and ruling acquittal on the trafficking charge and conviction on the second charge; and the Court of Appeal convicting the respondent of both charges because of their connection, upon the Public Prosecution's appeal. A nullity requiring partial cassation of the challenged judgment by setting aside its ruling and upholding the penalties imposed by the appealed judgment for the consumption charge. Example.